Originmaler

Terms of Service


Effective date: 30 November 2021





In this article





Thank you for using Originmaler online services! We're happy you're here. Please read this Terms of Service agreement carefully before accessing or using Originmaler Services. Because it is such an important contract between us and our users/clients, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.


Summary

 Section  What can you find there?
 A. Definitions  Some basic terms, defined in a way that will help you understand this agreement. Refer back up to this section for clarification.
 B. Account Terms  These are the basic requirements of having an Account on Originmaler.
 C. Acceptable Use  These are the basic rules you must follow when using your Originmaler Accounts.
 D. Generated Content  You own the content of your Website. However, you have some responsibilities regarding it, and we ask you to grant us some rights so we can provide services to you.
 E. Private Content  This section talks about how Originmaler will treat Private Content you add to Your Account/Website.
 F. Copyright Infringement and DMCA Policy  This section talks about how Originmaler will respond if you believe someone is infringing your copyrights on your website or services.
 G. Intellectual Property Notice  This describes Originmaler's rights in the website and service.
 H. API/OMx Terms  These are the rules for using Originmaler's APIs or Admin Panels, whether you are using the API/OMx panels for development or data collection.
 I. Originmaler Additional Product Terms  We have a few specific rules for Originmaler's features and products.
 J. Beta Previews  These are some of the additional terms that apply to Originmaler's features that are still in development.
 K. Payment  You are responsible for payment. We are responsible for billing you accurately.
 L. Cancellation and Termination  You may cancel this agreement and close your Accounts/Services at any time.
 M. Communications with Originmaler  We use email and other electronic means to stay in touch with our users/clients. We provide phone support 24/7.
 N. Disclaimer of Warranties  We provide our service as is, and we make no promises or guarantees about our services. Please read this section carefully; you should understand what to expect.
 O. Limitation of Liability  We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
 P. Release and Indemnification  You are fully responsible for your use of the website/service.
 Q. Changes to These Terms  We may modify this agreement, but we will give you 30 days' notice of material changes.
 R. Miscellaneous  Please see this section for legal details including our choice of law.



A. Definitions


Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.


  1. An "Account" represents your legal relationship with Originmaler. A “User/Client Account” represents an individual authorization to log in to and use the Service and/or Website and serves as a User/Client’s identity on Originmaler.


  2. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the Originmaler Privacy Statement, available at originmaler.co.uk/terms-of-service ) and procedures that we may publish from time to time on the Website. Most of our site policies are available at originmaler.co.uk - Files.


  3. "Beta Previews" mean website, software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.


  4. “Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User/Client-Generated Content” is Content, written or otherwise, created or uploaded by our Users/Client. "Your Content" is Content that you create or own.


  5. “Originmaler,” “We,” and “Us” refer to Originmaler ™, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.


  6. The “Service” refers to the websites, applications, software and online products, provided by Originmaler, including any Beta Previews.


  7. “The User”, “The Client” , “You” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User/Client must be at least 13 years of age. Special terms may apply for business or government Accounts (See Section B(5): Additional Terms).


  8. The “Website” refers to Originmaler website located at originmaler.co.uk and all content, online services and products provided by Originmaler at or through the Website. It also refers to Originmaler - owned domains, such as originmaler.com, originmaler.co.uk and originmaler.uk and its affiliated subdomains. These Terms also govern Originmaler clients website account, aplications and products, such as OMx. Occasionally, websites owned by Originmaler may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page, website or service.



B. Account Terms


Short version: User/Client Accounts have different controls or administrative controls; a human must create your Account; you must be 13 or over; you must provide a valid email address; You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.



1. Account Controls


  • Users. Subject to these Terms, you retain ultimate use over your User Account and the Content within it.
  • Clients. Subject to these Terms, you retain ultimate administrative control over your Client Account and the Content within it.
  • The "owner" of an Website that was created under these Terms has ultimate administrative control over that Website and the Content within it. Within the Service, an owner can manage access to the website’s data and actions. An Website may have multiple Users, but there must be at least one Client Account designated as an owner of an website. If you are the owner of an Website under these Terms, we consider you responsible for the actions that are performed on or through that website or service.

  • 2. Required Information


    You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Service or Website, in which case additional information will be necessary for billing purposes.


    3. Account Requirements


    We have a few simple rules for User Accounts on Originmaler's Service and Client Accounts for Originmaler websites.

    You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts:

  • A machine account is an Account set up by an individual human who accepts the Terms on behalf of the Account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the Account is ultimately responsible for the machine's actions.
  • One person or legal entity may maintain no more than one User/Client Account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine).
  • Originmaler does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s Account immediately. If you are a resident of a country outside the United Kingdom, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
  • Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Service or Website may only provide access to as many User/Client Accounts as your set package allows.
  • You may not use Originmaler in violation of export control or sanctions laws of the United Kingdom or any other applicable jurisdiction. You may not use Originmaler if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.K. government agency. Originmaler may allow persons in certain sanctioned countries or territories to access certain Originmaler services pursuant to U.K. government authorizations. For more information, please see our Export Controls policy.


    4. Account Security


    You are responsible for keeping your Account secure while you use our Service or own a website whit us. We offer tools such as two-factor authentication to help you maintain your Account's security, but the content of your Account and its security are up to you.


  • You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).
  • You are responsible for maintaining the security of your Account and password. Originmaler cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You will promptly notify Originmaler if you become aware of any unauthorized use of, or access to, our Service or to Website through your Account, including any unauthorized use of your password or Account.

  • 5. Additional Terms


    In some situations, third parties' terms may apply to your use of Originmaler. For example, you may be a member of an website on Originmaler with its own terms or license agreements; you may download an application that integrates with Originmaler; or you may use Originmaler to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.


    If you are a government User/Client or otherwise accessing or using any Originmaler Service or Website in a government capacity, this Government Amendment to Originmaler Terms of Service applies to you, and you agree to its provisions.



    C. Acceptable Use


    Short version: Originmaler in partnership with Hostinger hosts a wide variety of websites and collaborative projects from all over the world, and that collaboration only works when our users/clients are able to work together whit us in good faith. While using the service, you must follow the terms of this section, which include some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.


    Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.


    You agree that you will not under any circumstances violate our Acceptable Use Policies or Community Guidelines.



    D. User/Client-Generated Content


    Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post/display. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to.



    1. Responsibility for Generated Content


    You may create or upload Generated Content while using the Service and Website. You are solely responsible for the content of, and for any harm resulting from, any Generated Content that you post, upload, link to or otherwise make available via the Service and Website, regardless of the form of that Content. We are not responsible for any public display or misuse of your Generated Content.


    2. Originmaler May Remove Content


    We have the right to refuse or remove any Generated Content that, in our sole discretion, violates any laws or Originmaler terms or policies. Generated Content displayed on Originmaler Client Websites may be subject to additional terms, if it is mutually agreed upon by both parties.


    3. Ownership of Content, Right to Post, and License Grants


    You retain ownership of and responsibility for Your Content. If you're posting/displaying anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post/display; that you will only submit Content that you have the right to post/display; and that you will fully comply with any third party licenses relating to Content you post/display.


    Because you retain ownership of and responsibility for Your Content/Website, we need you to grant us — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content/Website. If you upload Content that already comes with a license granting Originmaler the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. The licenses you grant to us will end when Your Content/Website is removed from Our Website or our partners' servers, unless other parties have forked it.


    4. License Grant to Us


    We need the legal right to do things like host Your Website, publish it, and share it (when agreed). You grant us and our legal successors the right to store, archive, parse, and display "All" Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you; parse it into a search index or otherwise analyze it on our servers; and perform it, in case Your Content is something like music or video.


    This license does not grant Originmaler the right to sell Your Content. It also does not grant Originmaler the right to otherwise distribute or use Your Content outside of our provision of the Service, except that as part of the right to archive Your Content, Originmaler may permit our partners to store and archive Your Content in Servers in connection with the Originmaler Archive Program.


    5. License Grant to Other


    Any Generated Content you post/display publicly, including issues, comments, contributions, may be viewed by others. By setting your Content to be viewed publicly, you agree to allow others to view and "fork" your Content (this means that others may make their own copies of Content from your website).


    If you set your website or services to be viewed publicly, you grant a nonexclusive, worldwide access to use, display, and perform Your Content through the Originmaler Service and to reproduce Your Content solely on Originmaler as permitted through Originmaler's functionality (for example, through forking). You may grant further rights if you adopt a license. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions.


    6. Contributions Under License


    Whenever you add Content to a webiste you own whit us, containing notice of a license, you license that Content under the same terms, and you agree that you have the right to license that Content under those terms. If you have a separate agreement to license that Content under different terms, such as a contributor license agreement, that agreement will supersede.


    Isn't this just how it works already? This is widely accepted as the norm in the open-source community; it's commonly referred to by the shorthand "inbound=outbound". We're just making it explicit.


    7. Moral Rights


    You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service/Website, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.


    To the extent this agreement is not enforceable by applicable law, you grant Originmaler the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.



    E. User/Client-Private Content


    Short version: We treat Private Content confidential, and we only access it as described in our Privacy Statement—for security purposes, to assist the Acount owner with a support matter, to maintain the integrity of the Service, to comply with our legal obligations, if we have reason to believe the contents are in violation of the law, or with your consent.



    1. Control of Private Content


    Some Client Websites may have private Content, which allow the User to control access to Content.


    2. Confidentiality of Private Content


    Originmaler considers the Private Content to be confidential to you. Originmaler will protect the Private Content from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.


    3. Access


    Originmaler personnel may only access the content of your Private Content in the situations described in our Privacy Statement.


    You may choose to enable additional access to your Private Content. For example:

  • You may enable various Originmaler services or features that require additional rights to Your Private Content in Your Website. These rights may vary depending on the service or feature, but Originmaler will continue to treat your Private Content as confidential. If those services or features require rights in addition to those we need to provide the Service, we will provide an explanation of those rights.

  • Additionally, we may be compelled by law to disclose the contents of your private repositories.


    Originmaler will provide notice regarding our access to Private Content, unless for legal disclosure, to comply with our legal obligations, or where otherwise bound by requirements under law, for automated scanning, or if in response to a security threat or other risk to security.




    If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on Originmaler violates your rights, please contact us via our form by emailing contact@originmaler.co.uk. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.


    We will terminate the Client Account and "All" Users Accounts under it, of repeat infringers of this policy.



    G. Intellectual Property Notice


    Short version: We own the Service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.



    1. Originmaler's Rights to Content


    Originmaler and our partners, licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Originmaler. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Originmaler.


    2. Originmaler Trademarks and Logos


    If you’d like to use Originmaler trademarks, you must follow all of our trademark guidelines, including those on our logos page: https://originmaler.co.uk/logos.


    3. License to Originmaler Policies


    This Agreement is licensed under this Creative Commons Zero license.



    H. API/OMx Terms


    Short version: You agree to these Terms of Service, plus this Section H, when using any of Originmaler's APIs (Application Provider Interface) or OMx (Originmaler Xtensions), including use of the API/OMx through a third party product that accesses Originmaler.


    Abuse or excessively frequent requests to Originmaler via the API/OMx may result in the temporary or permanent suspension of your Account's access to the API/OMx. Originmaler, in our sole discretion, will determine abuse or excessive usage of the API/OMx. We will make a reasonable attempt to warn you via email prior to suspension.


    You may not share API/OMx tokens to exceed Originmaler's rate limitations.


    You may not use the API/OMx to download data or Content from Originmaler for spamming purposes, including for the purposes of selling Originmaler clients'/users' personal information, such as to recruiters, headhunters, and job boards.


    All use of the Originmaler API/OMx is subject to these Terms of Service and the Originmaler Privacy Statement.


    Originmaler may offer subscription-based access to our API/OMx for those Clients/Users who require high-throughput access or access that would result in resale of Originmaler's Service.



    I. Originmaler Additional Product Terms


    Short version: You need to follow certain specific terms and conditions for Originmaler's various features and products, and you agree to the Supplemental Terms and Conditions when you agree to this Agreement.


    Some Service features may be subject to additional terms specific to that feature or product as set forth in the Originmaler Additional Product Terms. By accessing or using the Services, you also agree to the Originmaler Additional Product Terms.



    J. Beta Previews


    Short version: Beta Previews may not be supported or may change at any time. You may receive confidential information through those programs that must remain confidential while the program is private. We'd love your feedback to make our Beta Previews better.


    1. Subject to Change


    Beta Previews may not be supported and may be changed at any time without notice. In addition, Beta Previews are not subject to the same security measures and auditing to which the Service has been and is subject. By using a Beta Preview, you use it at your own risk.


    2. Confidentiality


    As a client/user of Beta Previews, you may get access to special information that isn’t available to the rest of the world. Due to the sensitive nature of this information, it’s important for us to make sure that you keep that information secret.


    Confidentiality Obligations. You agree that any non-public Beta Preview information we give you, such as information about a private Beta Preview, will be considered Originmaler confidential information (collectively, “Confidential Information”), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview (the “Purpose”), and not for any other purpose. You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party, unless we don’t otherwise prohibit or restrict such disclosure (for example, you might be part of a Originmaler-organized group discussion about a private Beta Preview feature).


    Exceptions. Confidential Information will not include information that is: (a) or becomes publicly available without breach of this Agreement through no act or inaction on your part (such as when a private Beta Preview becomes a public Beta Preview); (b) known to you before we disclose it to you; (c) independently developed by you without breach of any confidentiality obligation to us or any third party; or (d) disclosed with permission from Originmaler. You will not violate the terms of this Agreement if you are required to disclose Confidential Information pursuant to operation of law, provided Originmaler has been given reasonable advance written notice to object, unless prohibited by law.


    3. Feedback


    We’re always trying to improve of products and services, and your feedback as a Beta Preview user will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, “Feedback”), you acknowledge and agree that Originmaler will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation.



    K. Payment


    Short version: You are responsible for payment of the chosen Web Package with us or payments/fees associated whit your use of Our Services. We are responsible for communicating those payments to you clearly and accurately, and letting you know well in advance if those prices change.


    1. Pricing


    Our pricing and payment terms are available at Originmaler.co.uk/services. If you agree to a Web Package or Service price, that will remain your price for the duration of the payment term; however, prices are subject to change periodically or at the end of a payment term.


    2. Upgrades, Downgrades, and Changes


  • We will immediately bill you when chooseing a Web Package or Service and accept the starting proceed of our service.
  • If the deferral of payment is accepted, the service offered or package needs to be paid from the moment of confirmation by email of the service or package completion.
  • We will immediately bill you when you upgrade from a Web Package to another.
  • If you upgrade from a Web Package to another, Originmaler will bill you only the difference agreed upon.
  • Downgrade a Web Package is not possible.
  • You may change some services at any time by comunicating whit us or going into your Account settings (if included). If you choose to cancel a service, you may lose access to Content, features, or capacity of your Account. Please see our section on Cancellation for information on getting a copy of that Content.

  • 3. Billing Schedule; No Refunds


    Payment for the Service is usually billed in advance and is non-refundable. There will be no refunds or credits after the completion of service; however no matter what, the service will remain active for the length period agreed upon or closed immediately on request. In order to treat everyone equally, no exceptions will be made.


    Payment Based on Usage Some Service features are billed based on your usage. A limited quantity of these Service features may be included a limited term without additional charge. If you choose to purchase paid Service features beyond the quantity included in your Package, you pay for those Service features based on your actual usage in the preceding month. Monthly payment for these purchases will be charged on a periodic basis in arrears. See Originmaler Additional Product Terms for Details.


    Invoicing For invoiced Clients, Client agrees to pay in full, up front without deduction or setoff of any kind, in pound sterling (symbol: £; ISO code: GBP), the official currency of the United Kingdom. Clients must pay the fees within thirty (30) days of the Originmaler invoice date. Amounts payable under this Agreement are non-refundable, except as otherwise provided in this Agreement. If Client fails to pay any fees on time, Originmaler reserves the right, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to charge all expenses of recovery, and (ii) terminate the applicable order form. Client is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on Originmaler's net income) that are imposed or become due in connection with this Agreement.


    4. Authorization


    By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Originmaler.


    5. Responsibility for Payment


    You are responsible for all fees, including taxes, associated with your use of the Service or Web Package. By using the Service, you agree to pay Originmaler any charge incurred in connection with your use of the Service. If you dispute the matter, contact Originmaler Support. You are responsible for providing us with a valid means of payment for paid Services or Web Packages. Free Services offered do not required to provide payment information.



    L. Cancellation and Termination


    Short version: You may close your Account at any time. If you do, we'll treat your information responsibly.



    1. Account Cancellation


    It is your responsibility to properly cancel your Account/Web Package with Originmaler. You can cancel your Account at any time by going into your Settings in the global navigation bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel Accounts/Web Packages in response to an email or phone request.


    2. Upon Cancellation


    We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your website within 60 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your Account/Web Package is cancelled.


    We will not delete Content that you have contributed to other Clients' Websites or that other Clients/Users have forked.


    Upon request, we will make a reasonable effort to provide you, the Website Package owner with a copy of your lawful, non-infringing Contents after Account cancellation or termination. You must make this request within 30 days of cancellation or termination.


    3. Originmaler May Terminate


    Originmaler has the right to suspend or terminate your access to all or any part of the official Website (Originmaler.co.uk) at any time, with or without cause, with or without notice, effective immediately. Originmaler reserves the right to refuse service to anyone for any reason at any time.


    4. Survival


    All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.



    M. Communications with Originmaler


    Short version: We use phone, email and other electronic means to stay in touch with our clients/users.



    1. Electronic Communication Required


    For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Account; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.


    2. Legal Notice to Originmaler Must Be in Writing


    Communications made through email or Originmaler Support's messaging system will not constitute legal notice to Originmaler or any of its partners, officers, employees, agents or representatives in any situation where notice to Originmaler is required by contract or any law or regulation. Legal notice to Originmaler must be in writing and served on Originmaler's legal agent.


    3. Phone Support


    Originmaler offer telephone support 24/7.

    Limited to a certain number of support members (1).



    N. Disclaimer of Warranties


    Short version: We provide our service as is, and we make no promises or guarantees about this service or Web Packages. Please read this section carefully; you should understand what to expect.



    Originmaler provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.


    Originmaler does not warrant that the Service or Web Packages will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service or Web Packages is accurate, reliable or correct; that any defects or errors will be corrected; that the Service or Web Packages will be available at any particular time or location; or that the Service or Web Packages is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service or Web Packages.



    O. Limitation of Liability


    Short version: We will not be liable for damages or losses arising from your use or inability to use the service/packages or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.



    You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from


  • the use, disclosure, or display of your Generated Content;
  • your use or inability to use the Service or Web Package;
  • any modification, price change, suspension or discontinuance of the Service or Web Package;
  • the Service generally or the software or systems that make the Service available;
  • unauthorized access to or alterations of your transmissions or data;
  • statements or conduct of any third party on the Service;
  • any other user interactions that you input or receive through your use of the Service or Web Package; or
  • any other matter relating to the Service or Web Package.

  • Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.



    P. Release and Indemnification


    Short version: You are responsible for your use of the service or web package. If you harm someone else or get into a dispute with someone else, we will not be involved.


    If you have a dispute with one or more of our Clients/Users, you agree to release Originmaler from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.


    You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Originmaler (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Originmaler of all liability); and (3) provides to you all reasonable assistance, at your expense.



    Q. Changes to These Terms


    Short version: We want our clients/users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify clients and users of any material changes and give you time to adjust to them.


    We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Clients/Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on Our official Website or sending email to the primary email address specified in your Account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service. You can view all changes to these Terms in our Site Policy repository.


    We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Our official Website (or any part of it) with or without notice.



    R. Miscellaneous


    1. Governing Law


    Except to the extent applicable law provides otherwise, this Agreement between you and Originmaler and any access to or use of Our Website, Service or Web Package are governed by the English law, without regard to conflict of law provisions. You and Originmaler agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Spalding, Lincolnshire.


    2. Non-Assignability


    Originmaler may assign or delegate these Terms of Service and/or the Originmaler Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.


    3. Section Headings and Summaries


    Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.


    4. Severability, No Waiver, and Survival


    If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Originmaler to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.


    5. Amendments; Complete Agreement


    This Agreement may only be modified by a written amendment signed by an authorized representative of Originmaler, or by the posting by Originmaler of a revised version in accordance with Section Q. Changes to These Terms. These Terms of Service, together with the Originmaler Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Originmaler relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.


    6. Questions


    Questions about the Terms of Service? Contact us.





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